Antarctic patents strain goals of shared science
Fifty years into a treaty demanding all scientific findings on
Antarctica be freely shared, governments are trying to end a dispute
over a surge in company patents on life in the continent.
An increasing number of companies developing new products through
biological discovery or “bioprospecting” are trying to file patents on
Antarctic organisms or molecules for items from cosmetics to medicines,
putting new strains on the treaty.
“Biology is going through a revolution ... it’s a tricky situation,”
Jose Retamales, head of the Chilean Antarctic Institute, said of the
lack of clear rules for prospecting for animals and plants on the
continent.
Parties to the 1959 Antarctic Treaty plan to debate issues including
bioprospecting at an annual meeting commemorating “50 years of peace and
science” in the U.S. city of Baltimore from April 6-17. They have agreed
to submit suggestions by Feb. 20.
“We need to find out if it is a problem and if so, what is the
problem,” said Johannes Huber, head of the Antarctic Treaty Secretariat
in Buenos Aires. Governments “have not found a consensus,” he added.
The treaty setting the continent aside for peace and science was
originally intended to defuse bigger conflicts over territorial claims
during the Cold War, Retamales said.
“The world has changed. Now we are talking about different things
things you do not even see.”
The treaty forbids mining but permits other commercial uses of
Antarctica. Bioprospecting is allowed, unless it has military goals.
Retamales and several other experts said a desire by companies for
patents securing them exclusive commercial rights was often hard to
square with goals of openness and shared science laid out in the
47-nation treaty.
The treaty says: “Scientific observations and results from Antarctica
shall be exchanged and made freely available.” All plans for scientific
programmes should be exchanged in advance to ensure efficiency and
economy, it adds.
Products derived from Antarctica include dietary supplements,
anti-freeze proteins, anti-cancer drugs, enzymes and cosmetic creams.
Advances in genetic technologies make Antarctic “bioprospecting” easier.
FACE CREAM
“Using genetic resources means very often that you are having an
economic activity for a company,” said Yves Frenot, deputy head of the
French Polar Institute. “That is difficult to reconcile with ... the
Antarctic Treaty.”
“More and more companies are looking to Antarctica,” said Sam
Johnston, a senior research fellow at the U.N. University’s (UNU)
Institute of Advanced Studies. “We expect this trend to accelerate,” he
said. Antarctic organisms have evolved attractive characteristics for
industry, such as conserving energy and surviving in a deep freeze.
Dozens of companies including consumer products groups Procter &
Gamble and Unilever, French cosmetics group Clarins and Danish drugmaker
Novo Nordisk are in a UNU database of almost 200 “bioprospecting”
bodies.
Clarins, for instance, uses an algae Durvillea antarctica in a face
cream, the database says. Unilever has a patent based on an anti-freeze
protein in a bacteria found in an Antarctic lake that may help keep ice
cream smooth.
Johnston said there were similar trends of more research into
organisms found in the high seas and on the deep seabed, despite
uncertainties about rights outside national waters. In Antarctica, all
territorial claims are on hold under the treaty.
Coastal regions of Antarctica, like that around the British Rothera
research station on the Antarctic Peninsula, teem with life, from
penguins and whales to lichens and microbes.
EXOTIC FORMS
Part of the attraction of Antarctica is that it separated from South
America more than 30 million years ago and life has evolved with few
outside influences.
“You’d have to go to Mars or perhaps another planet” to find species
so different from those elsewhere in the world, said Retamales.
Uncharted lakes beneath Antarctica’s ice sheets, such as Vostok Lake
that Russia hopes to drill into, may contain even more exotic life
forms.
REUTERS |